Detailed Answer
When you and a sibling co-own real property in Montana and you want a survey, follow clear, practical steps to establish the boundary lines, locate improvements, and reduce future disputes. Below is a plain-language roadmap that assumes no prior legal knowledge.
Step 1 — Confirm ownership and the legal description
Start by locating the deed(s) that describe the property. The deed contains the legal description (metes and bounds, lot/tract and block, or a recorded subdivision plat). If you cannot find copies, request certified copies from the county clerk and recorder where the property is located. The legal description tells the surveyor where to begin.
Step 2 — Check for existing surveys, plats, and public records
Ask your county recorder for any recorded plats or surveys tied to your parcel. Look for previous boundary or improvement surveys, subdivision plats, or easement records. These documents can save time and cost because they provide references and monuments the surveyor can use.
Step 3 — Talk with your co-owner (your sibling)
Discuss the need for a survey and how you will split costs. A cooperative approach avoids delays. If you both agree, hiring a single surveyor to produce one authoritative report is usually fastest and cheapest. If one co-owner refuses without good reason, there are legal remedies (see Step 8).
Step 4 — Hire a licensed land surveyor in Montana
Hire a surveyor who is licensed to practice in Montana. Ask for references, a written scope of work, a timeline, and a written cost estimate. Specify the type of survey you need:
- Boundary survey — identifies the legal boundaries and resurveys monuments
- ALTA/NSPS survey — used for lending and title insurance; more detailed
- Topographic or improvement survey — maps buildings, fences, and elevations
The surveyor will examine deeds, review recorded plats, search for monuments, and perform field measurements. They will place or re-establish monuments, produce a map, and prepare a written report. Ask whether the surveyor will place permanent markers (iron pins, rebar, concrete monuments) and whether they will prepare ties to public monuments.
Step 5 — Understand access and costs
Surveyors generally need physical access to the whole parcel. Expect permission requests for adjoining properties if monuments are off the parcel. Typical costs vary widely on parcel size, terrain, and complexity of title issues; get multiple bids if price is a concern. Ask about additional fees for research, monument recovery, or litigation support.
Step 6 — Review the completed survey and record it
When the surveyor finishes, they will provide a drawing and written report. Review the drawing carefully: it should include the legal description, monuments, dimensions, and any encroachments or easements. If you agree with the survey, record the survey or certificate with the county recorder so it becomes part of the public record.
Step 7 — Use the survey to resolve small issues
A clear recorded survey often settles minor disputes about fences, driveway locations, or planting. If both co-owners accept the result, you can update insurance, move markers, and proceed with property work confidently.
Step 8 — If you cannot agree with your sibling
If your sibling refuses to cooperate or disputes the survey’s findings, Montana law provides court procedures such as partition actions or quiet title suits to resolve ownership or boundary disputes. A partition action asks the court to divide physical property or sell it and distribute proceeds among owners. You can also ask the court to determine the boundary or remove a cloud on title.
For general information on Montana statutes governing property, boundary disputes, and actions to partition or quiet title, see the Montana Code Annotated: https://leg.mt.gov/bills/mca_toc/
Practical hypothetical example
Imagine you and your sibling each own 50% of a 5-acre parcel described by metes and bounds. You want to build a garage but don’t know exactly where the boundary runs. You obtain the deed, find no recent survey on file, and both agree to hire a Montana-licensed surveyor to perform a boundary survey and place new iron pins at the corners. You split the agreed cost. After the survey is recorded with the county, you set the garage back the required distance from the new pins, avoiding encroachment.
When to consult an attorney
If the survey reveals competing title claims, encroachments your co-owner refuses to remove, or a refusal to cooperate that stalls needed action, consult a lawyer experienced in Montana real estate law. An attorney can explain litigation options, file a partition or quiet title action, and advise on cost allocation or settlement negotiations.
Disclaimer: This article is educational only and does not constitute legal advice. For advice about a specific situation, consult a licensed Montana attorney.
Helpful Hints
- Start by locating the deed and exact legal description at the county recorder’s office.
- Search for recorded plats and previous surveys before hiring a surveyor.
- Hire a land surveyor licensed in Montana. Ask for a written scope, timeline, and cost estimate.
- Decide in advance how you and your sibling will split costs and sign any access permission forms.
- Pick the survey type that matches your goal: boundary survey for lines, ALTA/NSPS for lending/title, topographic for building/flood issues.
- Record the completed survey or certificate with the county recorder to make it public record.
- If a co-owner objects, consider mediation or consult an attorney before starting litigation; Montana statutes address partition and title actions (see Montana Code Annotated: https://leg.mt.gov/bills/mca_toc/).
- Keep copies of all documents (deeds, surveys, plats, and recorded maps) in a safe place and share them with your sibling to reduce future disputes.